Latest News

Family Trusts: Limits on foreclosure and/or repossession.

The Supreme Court with its decision n. 8201 27 April 2020 pinpointed the limits of the foreclosure procedure with regards to family trusts. Family trusts, relate to a specific statutory institution, whereby a separated and tied-up wealth can be constituted to satisfy exceptional family needs; indeed it includes assets that cannot be subjected to repossession to extinguish debts that the creditor knew were contracted for purposes unrelated to the needs of the family.
This decision has given the Court a chance to specify the nature of the assets that make-up the trust therefore cannot be foreclosed.

31 July 2020

Tonucci & Partners with Foncière Siscare in refinancing Soresina (CR) elderly assistance residence (RSA).

Tonucci and Partners, with a team made up of Andrea Marchetti, Pietro Rossi, Valentina Ladislao and Marco Monaco

31 July 2020

Business activities jointly run by spouses.

Jjoint ownership between spouses of a property, a partnership may be set up indicating which assets and goods belong to the spouse-members.

29 July 2020

Defective product and the consumer’s right to compensation.

The Supreme Court, with its decision n. 1082 of 20 January 2020, examined the consumer’s right to receive compensation for a product which is defective when the replacement of such was considered too expensive for the seller. Although this right is not considered by the consumer code, the Court pointed out that the code does not exclude other rights granted by the legal system, amongst which the right to receive compensation for defective products.

27 July 2020

Transfer of personal data to the US: a new beginning after the Privacy Shield?

With the judgment dated as of July 16, 2020, the Court of Justice of the European Union declared the invalidity of the decision of the Commission (EU) 2016/1250, establishing the so-called “Privacy Shield”, i.e. the mechanism, based on an official agreement between the Union and the United States of America, which until now has been regulating the overseas transfer of personal data of European citizens, deeming it as unsuitable to ensure an adequate level of protection for personal data.

24 July 2020

New forms of corporate liability under the Italian Legislative Decree no. 231/2001 pursuant to the implementation of PIF Directive.

By implementing the so-called PIF Directive, Italian Legislative Decree no. 75/2020 introduced new offences for which a legal entity may be considered liable pursuant to the Italian Legislative Decree no. 231/2001 and amended certain criminal offences of the Italian Criminal Code and special legislation.

23 July 2020

“Decreto Semplificazioni”, Alberto Fantini’s interview.

Interview to Alberto Fantini of Tonucci & Partners on Market and Technology Law magazine regarding the impact of

23 July 2020

Court of Justice and Privacy Shield, EDPS positive comment.

The judgment of European Union Court of Justice, Grand Chamber of July 16th 2020 which declared unlawful the

22 July 2020

The expected sentence of the Constitutional Court regarding Article 20 of the Consolidated Law on Registration Tax (so-called “TUR”).

The Constitutional Court spares article 20 of TUR from the censures of unconstitutionality inviting the legislator to take action in adjusting the regulatory texts to the new contractual dynamics and technological progress.